5 Killer Quora Answers On Birth Defect Legal

Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur outside their control. If injuries that result from these accidents require special treatment and expensive procedures, it can leave families with huge expenses.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to pay for future expenses. However, the law puts strict deadlines when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have made it possible to reduce the risks associated with childbirth, pregnancy and birth. However birth defects and injuries can still occur. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any stage of labor, pregnancy and birth. Medical professionals may also be guilty of malpractice following the birth of a child if they fail provide proper treatment.

In general the statute of limitation for these cases is 2.5 years from the date of the medical mistake. For infants, the time is sometimes extended. It is essential to speak with a lawyer immediately to ensure that all the evidence is collected and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit, parents should look for the following qualities:

Medical Malpractice

Birth defects can result in a wide range of mental or physical issues. Some birth defect law firms defects can be fatal. Some of these problems are caused by genetics, while others are due to exposure to the environment or the use of prescription drugs during pregnancy.

A medical professional or doctor could be accused of misconduct in the event of causing a birth defect through their actions or inaction. These cases typically are caused by medical negligence during delivery or labor. However, they can comprise any act or failure to act that is in violation of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example of this type of case is a medication called teratogens, which can cause serious birth defects. In the course of pregnancy, doctors generally recommend women not to take this medication, which is commonly used in the treatment of seizures. If the woman is exposed to the drug, then she should file an insurance claim.

It is essential to choose an attorney who has expertise in these kinds of cases. Find a law firm that is experienced in this field and operates on an on a contingency basis, meaning there is no cost unless you get the case won. Look for an attorney with great negotiation and communication skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. Often, birth Defect these conditions are genetic, however some can be caused by environmental or chemical exposure, or by medications the mother took while pregnant.

Drug manufacturers have an obligation to thoroughly test their products and warn consumers about any risks. Unfortunately certain pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate potential adverse effects. In addition, doctors can prescribe dangerous drugs to their patients and some women do not get proper information about the dangers of taking certain drugs during pregnancy. These drugs are known as teratogens and can cause birth defects in the fetus, including spina Bifida.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury which contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and other substances that cause harm to their reproductive health and cause birth defects.

It is crucial to collect as the evidence you can prior to filing a lawsuit against the party responsible. This includes any blood tests, ultrasound images and medical bills that arose as a result of the birth defect. This information assists the attorney to determine the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. However, it's also a time where medical professionals often make mistakes that can lead to birth defects. An experienced attorney can help parents in filing claims and getting the amount they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental factors. This can include exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medication are also required to inform people about the dangers. Yet, a large percentage of these drugs are sold off-label for women of childbearing age without proper warnings about the potential for birth defects. This is especially applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases involving the occurrence birth defects that result from exposure of parents to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.